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2002 DAILYLAW 841 (ORI)

ANIYA @ AJIT GANDA v. STATE OF ODISHA

BLAPL/2002/2026 · 2026-04-23

Aditya Kumar Mohapatra

body2002

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2002 of 2026 Aniya @ Ajit Ganda ..... Petitioner Represented by Adv. - Bijaya Kumar Ragada -versus- State of Orissa ..... Opposite Parties Mr. C.M. Singh, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 23.04.2026 Order No. 01. 1. These matters are taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner as well as learned counsel for the State. Perused the application as well as documents annexed thereto. 3. The present bail application under Section 483 of BNSS, has been filed by the Petitioner for regular bail relating to Koraput G.R.P.S. P.S. Case No.32 of 2025, corresponding to T.R. Case No.127 of 2025, pending before the learned Addl. Sessions Judge- cum-Special Judge, Koraput, for alleged commission of offence punishable under Section 20(b)(ii)(B) of N.D.P.S. Act. 4. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 04.01.2026. Further, referring to the allegation made in the FIR, learned counsel for the Petitioner contended that a total quantity of 7 k.g. 100 gram of contraband Page 2 of 3. ganja has been recovered from the present Petitioner. In view of the aforesaid seizure, learned counsel for the Petitioner contended that the bar under Section 37 of N.D.P.S. Act would not be attracted to the facts of the Petitioner’s case. He further contended that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. In such view of the matter, learned counsel for the Petitioner contended that the Petitioner is ready and willing to abide by any terms and conditions deemed fit and proper by this Court in the facts and circumstances of the case. 5. Learned counsel for the State on the other hand opposed the bail application of the Petitioner on the ground of gravity and seriousness. He further contended that taking into consideration the fact that such cases are increasing day-by-day in the State of Odisha, no leniency should be shown to the petitioner. In such view of the matter, he submitted that the bail application of the Petitioner be rejected at this juncture. 6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case, further keeping in view the period of detention of the Petitioner in jail custody, and the fact that the Petitioner belongs to the locality, and the fact that the bar under Section 37 of N.D.P.S. Act would not be attracted to the facts of the Petitioner’s case, this Court is inclined to release the Petitioner on bail subject to the Petitioner furnishing bail bond of Rs.40,000/- (Rupees Forty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. The release of the Petitioner shall also be subject to Page 3 of 3. such other terms and conditions as is deemed just and proper by the court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail. 7. It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the criminal antecedent of the Petitioner. In the event the Petitioner is having more than one similar criminal antecedent, then this bail order shall automatically stand revoked. 8. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy as per Rules. ( Aditya Kumar Mohapatra ) Judge S.K. Rout